COMBATING CORRUPTION AND MALADMINISTRATION IN THE SOUTH AFRICAN PUBLIC SECTOR TIPS FOR MEMBERS OF PARLIAMENT - Outa
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
COMBATING
CORRUPTION AND
MALADMINISTRATION
IN THE SOUTH AFRICAN
PUBLIC SECTOR
TIPS FOR MEMBERS
OF PARLIAMENT
318 OAK AVENUE | RANDBURG
GT 2194 | SOUTH AFRICA
www.outa.co.za
SOUTH AFRICA’S SOVEREIGNTY AND CONSTITUTIONAL
DEMOCRACY HAS BEEN HARD EARNED.
ITS BEAUTY AND ABUNDANCE OF NATURAL RESOURCES
AND DIVERSE CULTURAL HERITAGE ARE PRECIOUS TO US.
AT OUTA, WE CHOOSE TO TAKE ACTION.
February 2020
First Edition
CONTENTS
“ Public office-bearers ignore their
constitutional obligations at their peril.
This is so because constitutionalism,
Introduction 6
Challenges and recommendations 8
accountability and the rule of law con-
Appointment of underqualified public officials 9
stitute the sharp and mighty sword
that stands ready to chop the ugly Corrupt leadership 11
head of impunity off its stiffened neck. Misuse of discretionary powers 12
Expenditure 12
Chief Justice Mogoeng Mogoeng Consequence management 15
Additional Interventions to consider 17
Technology 17
Integrity, capacity building and accountability 18
Mass mobilisation and public involvement 18
General measures 19
Constituency engagement 21
Conclusion 22
Addendum: Five universal ingredients to fight corruption 23
References 24
INTRODUCTION
T
he Constitution is the supreme law of the Republic of South Africa. When Members of Anti-Corruption Strategy (NACS) with the goal of “developing a set of shared commitments
Parliament (MPs) are inaugurated they take an oath “that I will be faithful to the across sectors, to support collaboration within and between sectors, and to direct renewed
Republic of South Africa and will obey, respect and uphold the Constitution and all energy towards the goal of reducing corruption and building an ethical society”. Along with
other law of the Republic; and I solemnly promise to perform my functions as a member of the other civil society organisations, OUTA is currently a member of the NACS Reference Group. 4
National Assembly to the best of my ability.” 1
Civil society has an important role to play in addressing corruption and maladministration.To this
According to Professor Thuli Madonsela (Public Protector 2009-2016), “integrity isn’t just end, OUTA and other organisations intend to engage and partner with Parliament on behalf of all
about not lying and not stealing” but should be about honouring and protecting the Constitu- our citizens. This sentiment resonates with the following comments from the September 2019
tion2. As our Auditor-General, Kimi Makwetu, has stated: National Assembly Planning Session in Parliament:
“Public servants and their representatives stand as midwives between these limited “The last few years have seen the rise of citizen groups such as OUTA, human rights
resources and the prospects for a better qualitative life for all citizens. If the lure for organisations and business associations such as Business Unity South Africa, that are also
money and material benefits is their primary motivator, the service ethos and care for representing the needs of citizens. If Parliament is seen as ineffective, these bodies will
others is compromised.” 3
disintermediate Parliament from its role as the people’s representative. The response of
these new entrants in the arena cannot be a competitive one, but rather a collaborative
“If we are looking for ethical leadership, we need to heed three principles,” Professor Thuli one involving coordinated effort, and creating partnerships to best represent the needs
Madonsela has said. We need people who are most competent, most trustworthy and least of citizenry.” 5
selfish. We then need to trust their integrity to do the right thing.2 Over the course of the
Fifth Parliament, ethical leadership was found to be seriously lacking. This led to gross abuse of
“
South Africa’s tax revenue, to the disadvantage of the majority.
Without strong watchdog
This booklet provides a simplified explanation of how public finances were exploited and how institutions, impunity
the recurrence of such abuse can be avoided going forward. The aim is to assist MPs to live up becomes the very founda-
to their oath and ensuring that resources in the public sector are used optimally to provide a
better life for all.
tion upon which systems
of corruption are built.
Ongoing inquiries and investigations are exposing the depth and breadth of corruption and
maladministration over the past decade. Still, a comprehensive plan to deal with systemic and Rigoberta Menchú Tum
Nobel Laureate
organised corruption is lacking. As part of the Medium-Term Strategic Framework for 2014 to
2019 the South African government appointed a Steering Committee to develop the National
6 7CHALLENGES AND RECOMMENDATIONS
U
ntil now, Parliament’s performance has fallen short of society’s expectations when it
comes to effective oversight. Parliamentary committees relied almost exclusively on
the superficial contents of departmental reports and quarterly PowerPoint presenta-
tions to conduct oversight.
“ Good governance is indeed inclusive and
seeks participatory democracy.
Wangari Maathai
Nobel Laureate
Several core government departments and other organs of state are on the verge of financial
collapse. A systemic abuse of procurement procedures, discretional ministerial powers and the
appointment of officials lacking competency to carry out their responsibilities, as well as a
general failure to implement serious consequences for non-compliance, are among the core
reasons for this.
By analysing a sample of parliamentary committees’ work to date, OUTA presents this booklet Appointment of underqualified public officials
with the intention of providing current parliamentarians and other state officials with objec-
tive insights on the ins and outs of corruption and maladministration in the public sector. Our On countless occasions, public officials were appointed with inadequate qualifications.
primary aim is to curb graft and the abuse of tax revenue. Competent, hardworking officials who were opposed to state capture and general malad-
ministration experienced intimidation and were often pressurised to neglect their duties or
OUTA intends to cooperate with and aid those government entities that have the responsi- resign altogether. This enabled further appointments of people without the necessary skills and
bility, will and capacity to achieve the same objectives. Parliament and its committees are key discipline to perform their duties in the public service effectively and efficiently.
examples in this regard. These committees are ideal forums for improved engagement with civil
society on issues of accountability that matter to ordinary South Africans, especially taxpayers Consider the following case that illustrates this issue well. According to the interim report
(which includes all who pay VAT on any purchases). from the Ad Hoc Committee on Communications, the actions of the South African Broadcast-
ing Corporation (SABC) “saw the purging of highly qualified, experienced and skilled senior
In the first section, examples of failure in terms of oversight are discussed and some impacts of staff members in violation of recruitment/human resource policies and procedures; purged
such failure are briefly illustrated. Potential remedies for known challenges are recommended staff have in many instances been replaced without due consideration for, or compliance with
at the end of each subsection. established recruitment policies”. 6
The second section describes in more detail potential solutions to the problems outlined in An excellent source that speaks to this challenge is the well-known Report of the High-
section one. It also recommends general practices that can flout attempts to undermine the Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change,
authority and responsibility of parliamentarians. In the context of state capture and wide- which was published in November 2017. Former President Kgalema Motlanthe drove the
spread maladministration, the key role and responsibility of Parliament should be to research, analysis and publication processes that led to this report. It was undertaken by order
ensure that the Executive arm of government is hallmarked by good governance, efficient and of the Executive. In it, the problem identified here is dealt with at length:
effective spending, as well as the rule of law.
8 9“As part of the next generation of reforms to accelerate fundamental change, trust in Corrupt leadership
leaders and institutions needs to be restored. A lack of trust is often informed by in-
appropriate appointments to senior positions in the state, which undermines trust in those Political leaders must always uphold the Constitution and act in the public interest, especially
individuals and the institutions that they lead. The Constitution empowers the President those deployed in the Executive. Several high-ranking political office bearers and ministers
and Premiers to appoint members of the National and Provincial Executives without have wrongfully interfered in the due process of their departments, to position their allies in
abrogating from these constitutional powers.Measures should be introduced that allow for influential positions. Such wrongfully appointed persons then further undermine regulatory
more transparent and participatory appointment processes. processes within the organ of state in which they are deployed, to divert money and assets
away from the public good toward selected private interests.
“Such processes would empower the public with more information and knowledge about
the new members of the Executive and their relative skills, experience and merits, and would Such officials become instrumental in the strategic abuse of taxpayers’ money, disabling state-
provide a forum where appointees can publicly commit themselves to applicable standards and to owned entities from effectively doing their work in the public interest. There is a common
certain objectives,against which their subsequent conduct and performance can be measured.An thread running through all spheres of government: they don’t look after money that has been
empowered public will, in turn, be able to assist the legislatures in ensuring that Executives entrusted to their care for delivery of various public services. 3
are more accountable to electorates.
In the SABC case, the inquiry found that the minister disregarded the primary act governing
“Parliament should consider opening up debate on the desirability and feasibility of a the SABC (the Broadcasting Act), referring to the Companies Act to preferentially empower
system that incorporates public participation and Parliamentary oversight for certain herself, effectively enabling her to interfere within the SABC’s operational matters. A good
categories of appointments to public office to increase independence (where required) and example of legislative amendments that speak to such issues in the sphere of local government
accountability to achieve the objectives of a capable and developmental state.” 7 is the Municipal Systems Amendment Bill. This, however, is long overdue and now the Bill has
lapsed since it was left to the final moments of the Fifth Parliament.
OUTA RECOMMENDS THE FOLLOWING PROCEDURES TO REALISE THE REPORT’S
SUGGESTIONS: TO REMEDY THIS PATTERN OF POOR GOVERNANCE, OUTA SUGGESTS:
l Lifestyle audits for all senior public officials, at Director General and Deputy DG levels l Accusations of misconduct must be investigated promptly, ideally within a month
l Strict verification of qualifications and experience
l Public hearings and inquiries should be normalised and provided for in the Parliamen-
l Departments should report to Parliament on staff recruitment processes, motiva- tary budget
tions for replacements, staff turnover and performance appraisals
l Develop the structural involvement of civil society in decision-making processes l Where matters are referred to the Joint Committee on Ethics and Members’ Interests,
around human resources in the public service it should report back to the Speaker’s Office, the relevant Portfolio Committee and/
or the National Assembly with detail on its progress and findings
l Proactive lawmaking and serious consequences to prevent recurrence of known
criminality
l Paying attention to organisational structure of organs of state, as excessive centrali-
sation of decision-making power facilitates corruption
10 11“
Misuse of discretionary powers
Circumstances and priorities change
Another sign of corrupt activity is the use of alternative procurement processes that are over time, but good values don’t go out
allowed in specific scenarios. These are commonly referred to as deviations and expansions.
These often involve exemptions in expenditure ceilings, the bypassing of regular procurement of fashion.
policies, virements, and/or undue involvement of political heads in the procurement process.
Archibishop Emeritus Desmond Tutu
Legal loopholes and provisions that allow for the disregard of ordinary due process in emer-
gency situations should be reviewed and updated with caution by lawmakers. A good example
of this was deliberated on during the Inquiry into Early Naturalisation of the Gupta Family by
the Portfolio Committee on Home Affairs. In that case, the legal provision that empowers a and irregular expenditure. Adding insult to injury, virements are proposed where monies are
sitting minister to waive regular prerequisites for early naturalisation of foreign nationals was moved from one sector to another without detailed motivation or explanation.
scrutinised and the committee ultimately recommended that the legislation be amended to
remove the discretionary power. This was a positive move, blocking the minister’s arbitrary use The SABC received qualified audit outcomes with findings for the 2013/14, 2014/15 and
of powers. 2015/16 financial years. A qualified opinion refers to an outcome where the entity failed to
produce credible and reliable financial statements, and had material misstatements on specific
Another example is the excessive reliance by various state entities on external consultants areas in its financial statements which could not be corrected before the financial statements
(outsourcing) rather than developing internal human resource capacity to perform certain were published. 8 Why were no serious measures taken to address this unacceptable situation
functions. The power or discretion to make such costly decisions should be critically reviewed. from 2014 to 2016? Parliament has the power and responsibility to intervene in such scenarios.
Bureaucratic efficiency and administrative professionalism across the spectrum of government
OUTA RECOMMENDS THE FOLLOWING AVENUES TO ADDRESS THIS ISSUE: entities should be enforced by Parliament. Accountability requires adequate and accurate
l Amending the law to disallow excessive individual discretionary powers - c.f. Home administration of all key decision-making processes in terms of tax money spent.
Affairs case.
In local government, fruitless and wasteful expenditure across the country’s municipalities rose
l MPs should be briefed on legal issues – for example, the use of the Companies Act to
71% from 2015/16 to 2016/17, reaching R1.5-billion, Auditor-General Kimi Makwetu stated
trump the Broadcasting Act in the SABC case
in 2018. He also revealed a general deterioration in all audit outcomes, saying that despite
l Committees need to fiercely challenge the decisions of ministers or empowered his office’s “constant and insistent advice and caution to those charged with governance and
public officials when their actions do not represent the public interest, and discre- oversight about administrative lapses since 2013, their counsel has largely not been heeded”. 9
tion should be discouraged if it undermines transparency, public participation or due We still see this regressive pattern continuing today – and it must stop.
process
Only 33 out of the country’s 257 municipalities, or 13%, managed to produce quality financial
statements and performance reports and receive a clean audit. The extent of irregular expendi-
Expenditure ture rose from R16.2-billion in the previous year to over R28.3-billion during 2016/17. 9
The Auditor-General of South Africa (AGSA) has raised red flags on many organs of state that MPs, especially those deployed in financially focused committees, must use their powers of
continue to receive qualified audits, year after year, consistently showing substantial wasteful oversight to ensure that the AGSA’s directives are indeed heeded. The AGSA’s findings should
12 13be used as an alternative source of performance information when quarterly financial state- Consequence management
ments are presented to the various portfolio committees by departments and their entities.
The recent enactment of the Public Audit Amendment Bill further empowers the AGSA to hold Over the past decade, taxpayers’ money has been squandered and intentionally mis-
individuals and accounting officers personally liable for material irregularities. appropriated; but there has been very little accountability for known and alleged transgressors.
Officials resign or are redeployed elsewhere before appropriate disciplinary action has been
Clear-cut legislation, such as the Municipal Finance Management Act, should be applied during taken. In its deliberations on its outgoing legacy report for the Fifth Parliament, the Stand-
oversight proceedings in Parliament when dealing with these issues. In the SABC example, ing Committee on Finance demanded that its successors lay more emphasis on consequence
irregular expenditure of R35.1-million was misstated, which contravened the Public Finance management at a broader scale.
Management Act section 55 (2). Each and every instance of inappropriate self-enrichment in
the public service must be named and shamed, and result in harsh consequences. In terms of financial management, the AGSA has displayed a similar sentiment:
“Either their accounting records are not kept and maintained with requisite competencies, or
Public officials in capital-intensive state-owned enterprises must be monitored in terms of senior management never take steps to ensure these are carried out, or corrective steps aren’t
operational expenditure decision making. Lessons should be learnt from the Passenger Rail taken where there is flagrant disregard for norms and standards.” 3
Agency of SA scandal. Locomotives were procured that were not fit for purpose. Such failures
are not always intentional or strategic, but may also result from gross incompetence of key An example of failure to manage consequences in a parliamentary context is the dismal
decision makers. attempt of the former Portfolio Committee on Mineral Resources to undertake its inquiry into
the conduct of former Minister Mosebenzi Zwane around allegations of state capture in that
In the case of Transnet’s locomotive scandal, procurement processes were blatantly circum- sector. After its authority was undermined repeatedly by the former minister, the committee
vented by board members. Knowing that ministers are responsible for overseeing expendi- abandoned its resolution to investigate the allegations, citing a lack of financial resources.
ture choices in state-owned entities above a certain quantitative threshold, MPs must in turn
ensure that ministers are also accountable and abide by the laws and shareholder compacts An example of success in this regard is the Portfolio Committee on Public Enterprises’
that govern their decision-making power. Inquiry into Corporate Governance at Eskom. During the inquiry, interested and affected parties
testified before the committee. Ultimately, a report of the proceedings was submitted to the
Zondo Commission of Inquiry into Allegations of State Capture.
OUTA RECOMMENDS THE FOLLOWING ADDITIONAL MEASURES TO REMEDY THE
PROBLEMS OUTLINED ABOVE: The AGSA has also indicated that, in general, where services are not delivered, infrastructure
has deteriorated or assets have gone astray, there is often no real accountability for such
l Major state-owned entities and departments must report back to portfolio and
lapses. This can be seen in the water and sanitation sector where the provision of water as a
select committees on progress within two months of Budget Review and Recommen-
fundamental human right as enshrined in the Constitution has not been realised since the
dations Reports being processed
dawn of democracy in some parts of South Africa.
l Budgets must be dissected during public hearings held on appropriation bills as well
as the division of revenue bills to ensure that proposed budgets are fit for the needs
The Department of Water and Sanitation has suffered irreversible financial losses, as well as
of the people
erosion of its skills and expertise, reaching a point of near bankruptcy. This has effectively
l Any virements that appear to take money away from the pro-poor targeted expendi- stopped the Department from maintaining and upgrading the infrastructure and assets neces-
ture and capital expenditure should be rejected sary to ensure that all South Africans have access to safe, potable water.
14 15OUTA’S RECOMMENDATIONS TO ADDRESS THIS ISSUE: ADDITIONAL INTERVENTIONS TO CONSIDER
l Where there are any allegations of misconduct, MPs must insist that the relevant
public officials report back to the responsible committee(s) on the processes being Technology
followed to not only discipline or lay charges, but to claw back financial losses
High-tech tools have great potential to enhance transparency and better inform government
l When the transgressor is a minister or high-level politician, he or she should be officials. These can transform the way information is captured, stored, processed, shared, and
referred to the Joint Committee on Ethics and Members’ Interests and, if necessary, disposed of in the public sector and at the interface with private commercial entities.
criminal charges should be laid with regular updates and feedback from law enforce-
ment agencies The public can access government information by making a request in terms of the
Promotion of Access to Information Act, but Corruption Watch states that this process is slow
l MPs should cooperate with relevant law enforcement agencies when foul play has been and cumbersome and that it undermines those working to fight corruption effectively. Parlia-
confirmed or is reasonably suspected ment must ensure that relevant state information is accurately captured and made available
to public forums in a user-friendly way. Civil society organisations like Right2Know and Open
Secrets are important influencers in this field and should be heard in Parliament.
To illustrate the potential of better information systems in terms of public spending, the for-
mer Chief Procurement Officer in National Treasury, Kenneth Brown, suggested that procuring
entities could enter their needs into a system that would generate the tender according to
pre-programmed requirements.
“ Planet Integrity is not
a distant dream, it’s an
urgent necessity.
Such systems can also be designed to track government employees’ performance and disbar
them from working in government if they are guilty of foul play. It could collate data from
various departments, refine it, and make the information easily available for accounting and
executive officers – as well as MPs and the public at large. Underperforming officials could then
be subjected to lifestyle audits and closer scrutiny.
While these solutions can’t cure corruption, they have potential to prevent it from spreading.
Angel Gurría
OECD Secretary-General Any intervention that closes the net around corruption should be welcomed. However, the will
to develop and use such technology must be instilled in every public official, otherwise it will
be left to other stakeholders like business, academia or civil society to develop it.
OUTA recommends that such measures are developed and implemented in collaboration
with prominent civil society organisations and private information and computer technology
companies that have a proven interest in ensuring good governance.
16 17Integrity, capacity building and accountability of corruption are excluded from oversight and corrective action, the result is that communities
chronically suffer from a lack of proper service delivery.
Integrity is one of OUTA’s core organisational values. This value should be at the forefront of
every MP’s conduct. To achieve this, Dr Terence Nombembe, Chairperson of the Ethics and For example, the people of Nala Local Municipality, an administrative area in the Lejweleputswa
Anti-Corruption Council, has proposed an “integrity compact”. We strongly agree with the call District of the Free State, were forced to continue to use buckets for sanitation, despite a
for much more meticulous vetting, screening and publicly informed induction programmes for tender being granted for the provision of toilets. Advocate Thuli Madonsela recounted how her
new public officials (as well as existing incumbents moving into new positions). former office’s investigation revealed that while the toilets were built, no piping was laid to
connect the toilets to the sewer system.
We also support the call for the overall professionalisation of the civil service, with training and
education aimed at improving compliance, whilst optimising government performance and Mining communities are also exposed to unique risks of corruption, such as damage to land
public spending. The process of civil service professionalisation, which could be driven by MPs, and water supply due to a failure to enforce the conditions of mining permits. Other vulnerable
has the potential to decrease irregular and wasteful expenditure resulting from skills deficits, groups who may be overlooked include immigrants and refugees, who can encounter small-
making instances of corruption far easier to identify. 10 scale corruption at border posts.
Parliament must ensure that there is effective consequence management for officials who
contribute to maladministration and corruption. The days of lip service and slaps on the wrist General measures
for those who are found wanting or unfit for office need to be put behind us permanently.
Whether in committees or sittings, MPs need to show their teeth by ensuring that every al- During discussions between the National Anti-Corruption Strategy, the Public Affairs Research
legation of corruption is appropriately investigated, and that those who are found guilty are Institute, the Administrative Justice Association of South Africa and the Institute for Security
held to account. Studies, innovative anti-corruption methods were debated at length.
Methods available to MPs include summoning implicated officials (and insisting that such By way of some examples, new forms of policy input and legislative reform strategies, tech-
officials appear before Parliament), conducting parliamentary inquiries and making appropriate nological solutions, as well as large-scale education and public involvement solutions were
referrals to law enforcement agencies. proposed. The result of these engagements is set out below in the form of practical recommen-
dations that can be implemented to eradicate corruption (as explained by the Helen Suzman
Foundation11).
Mass mobilisation and public involvement
The public can and should play a central oversight role in the appointment of public officials.
Civil society organisations can provide platforms and forums for these processes by publicising
upcoming appointments, while making candidates and their credentials known. An example of
this is the campaign by MyVoteCounts regarding the appointment of electoral commissioners,
which highlighted the fact that the public is entitled to comment on shortlisted candidates.
There is an urgent need for greater public involvement in tackling corruption. When the victims
18 19Constituency engagement
1
Constituency Offices
“Strictly enforce rules relating to financial disclosures and oblige those in
public office to publicly declare assets and gifts and face greater scrutiny MPs represent the voices of millions of ordinary South Africans. A critical part of engaging
regarding their lifestyles. Declarations should include gifts made to political with citizens is via parliamentary constituency offices. Parliament allocates a budget for these
parties, religious institutions, charities, and family members, as these can offices and, further to this, makes available time in the parliamentary calendar (every Mon-
be used to launder profits of corruption. Harsh, publicly visible disciplinary
action must be taken in response to non-compliance.” day during term and several weeks during recess) to allow for constituency engagement. It is
important to note that such engagement should be open to all members of the community,
regardless of political or party affiliation.12 To this end, political parties should make MPs’ per-
2
formance with regards to their constituency offices a matter of public record.
“The effectiveness of anti-corruption hotlines need to be reviewed. There
are a few of such hotlines in South Africa. Ones that operate nationally, pro- Supporting the whistleblowers
vincially and within specific organs of state. A project that might provide
Whistleblowing is vital in the fight against corruption. MPs could, and should, play a greater
an insight into how allegations of corruption are addressed could involve
centralising and analysing data from these hotlines, and then making the role in the encouragement and protection of whistleblowers. In Australia, for example, recent
results public. Organisations like OUTA should be welcomed as partners in changes to legislation have allowed for members of the public to make “emergency disclo-
the state’s pursuit of good governance.” sures” to MPs.13 Our own Protected Disclosures Act could be similarly amended to give MPs
greater powers to support whistleblowers (including those in their constituencies) in exposing
3
corruption and maladministration.
Electoral reform
“Protecting whistle-blowers by providing state-sponsored legal assistance.
Whistle-blowers may not have the knowledge of the law or the resources The disconnect between MPs and citizens is lamentable and, arguably, arises from the lack of
to obtain legal advice to navigate the complex legal framework regarding direct accountability to constituencies. This is, of course, not a new problem. Efforts to imple-
protected disclosures.”
ment the recommendations of the Van Zyl Slabbert Commission on Electoral Reform (through
the creation of a mixed proportional representative and constituency system),14 while noble,
have not been successful. It is also notable that the High Level Panel on the Assessment of Key
4
Legislation made the following recommendation:
“Creating a database of ‘politically exposed persons’ (PEPs). Creating a plat-
form that involved compiling a database of PEPs who are more suscepti-
“The Panel recommends that Parliament amend the Electoral Act to provide for an
ble to corrupt influences. This was done by reviewing concluded corruption electoral system that makes Members of Parliament accountable to defined constituencies in a
cases and collecting the names and details of who had been found to have proportional representation and constituency system for national elections.” 15
engaged in corrupt practices. This database would then be made available to
the public, which could be easily accessed when, for instance, a PEP decides
to run for public office.” Regardless of the outcome of efforts to bring about electoral reform, the responsibility that
MPs have in terms of their constituency offices remains. To this end, MPs must engage with
citizens in their constituency work in a manner that promotes ethical and democratic partici-
pation and furthers the fight against the scourge of corruption.
20 21CONCLUSION ADDENDUM
T
his booklet has provided a brief description of problems and potential solutions to the Five universal ingredients to fight corruption:
known shortfalls of parliamentary oversight, with emphasis on the role of various Transparency International & Corruption Watch 16
committees in curbing corruption, ensuring accountability and addressing financial
maladministration. 1. “End impunity – Effective law enforcement is essential to ensure the corrupt are punished
and break the cycle of impunity, or freedom from punishment or loss.”
Enhancing the role of public participation, the use of technological tools in this, incorporating
the capacity and political neutrality of civil society institutions in public sector decision mak- 2. “Reform public administration and finance management – Reforms focusing on improv-
ing, opening up the financial and operational details of all organs of state for public scrutiny, ing financial management and strengthening the role of auditing agencies have in many
bridging the gap between MPs and citizens, and enforcing consequence management for those countries achieved greater impact than public sector reforms on curbing corruption.”
who transgress financial management laws are some key recommendations made.
3. “Promote transparency and access to information – Access to information increases the
In general, the South African public sector stands at a crossroads and the right choice is no responsiveness of government bodies, while simultaneously having a positive effect on the
longer a matter of opinion. Good governance and efficient spending in the public interest levels of public participation in a country.”
must be enforced by the institution that is elected by and for the people: Parliament.
This is ultimately where the buck stops when high-ranking political figures are involved in 4. “Empower citizens – Strengthening citizens’ demand for zero tolerance of corruption and
maladministration, corruption, incompetence and gross neglect of duty. empowering them to hold government accountable is a sustainable approach that helps to
build mutual trust between citizens and government.”
What is undeniably necessary now is sustained economic growth and social justice in
our young democracy. For this vision to become a reality, three pillars must be reinforced 5. “Close international loopholes – Without access to the international financial system,
aggressively. These are: corrupt public officials throughout the world would not be able to launder and hide the
proceeds of looted state assets.”
A CULTURE OF
A CAPABLE STATE THE RULE OF LAW ACCOUNTABILITY
OUTA is a proudly South African non-profit organisation that aims to play its role,
however small, in bringing about this reality. To all those MPs who took the time to digest this
document, civil society is capable and willing to work for our nation. Thuma mina.
22 23REFERENCES
1. The Constitution of the Republic of South Africa, 1996. As adopted on 8 May 1996 and amended on 9. 2016-17 MFMA Media Release. AGSA. Auditor-General laments lack of accountability as he re-
11 October 1996 by the Constitutional Assembly. ISBN 978-0-621-39063-6 [Cited 2020 January 24]. leases declining local government audit; 23 May 2018 [Cited 2020 January 24] Available from:
Available from: http://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng-s02.pdf http://www.agsa.co.za/Portals/0/Reports/MFMA/201617/Media%20Release/2016%20-17%20
MFMA%20Media%20Release.pdf?ver=2018-05-23-082131-353
2. Professor Thuli Madonsela. Archbishop Thabo Makgoba Development Trust Public
Lecture; May 2019, University of Western Cape [Cited 202 January 24]. Available from: 10. Helen Suzman Foundation. Conversations about corruption II - Technology, Education, Pub-
http://archmakgobadevtrust.co.za/madonsela-calls-on-ramaphosa-to-appoint-trustworthy-ministers/ lic mobilisation and Practical steps; 07 August 2018 [Cited 2020 January 24]. Available from:
https://hsf.org.za/publications/hsf-briefs/conversations-about-corruption-ii-technology-educa-
3. Conversations with Lincoln. Conversations with Leaders. A conversation with Kimi Makwetu: Auditor tion-public-mobilisation-and-practical-steps
General of South Africa; 12 August 2018 [Cited 2020 January 24]. Available from:
https://www.leadershipconversations.co.za/conversations-with-leaders/a-conversa- 11. Helen Suzman Foundation. Conversations about corruption I - The National Anti-Corruption
tion-with-kimi-makwetu-auditor-general-of-south-africa/ Strategy and procurement reform; 07 August 2018 [Cited 2020 January 24]. Available from:
https://hsf.org.za/publications/hsf-briefs/conversations-about-corruption-i-the-national-anti-corrup-
4. Corruption Watch. Corruption Policy and Advocacy. National Anti-Corruption Strategy: What’s it tion-strategy-and-procurement-reform
about? 05 July 2018 [Cited 2020 January 24]. Available from:
https://www.corruptionwatch.org.za/national-anti-corruption-strategy-overview/ 12. People’s Assembly. Constituency Offices [Cited 2020 January 24]. Available from:
https://www.gcis.gov.za/newsroom/media-releases/south-africa-ready-consolidate-its-national-an- https://www.pa.org.za/info/constituency-offices
ti-corruption-strategy
13. Australian Securities & Investment Commission. Whistleblower rights and protections [Cited 2020
5. Parliament of the Republic of South Africa: Cape Town. National Assembly Planning Session; 12-13 January 24]. Available from:
September 2019 [Cited 2020 January 24]. https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/whistleblow-
er-rights-and-protections/
6. Parliament of the Republic of South Africa. Interim Report of the Ad Hoc Committee on the SABC board
inquiry into the fitness of the SABC Board; 27 January 2017. Pg. 2 [Cited 2020 January 24]. Available from: 14. Van Zyl Slabbert Commission on Electoral Reform Report 2003. Report of the Electoral Task Team;
https://www.parliament.gov.za/storage/app/media/misc/2017/SABC_Ad_Hoc_Committee_Interim_ January 2003. ISBN 0-621-33571-1 [Cited 2020 January 24]. Available from:
Report_27_Jan_2017_adopted_published.pdf http://pmg-assets.s3-website-eu-west-1.amazonaws.com/docs/Van-Zyl-Slabbert-Commis-
sion-on-Electoral-Reform-Report-2003.pdf
7. Excerpt from the Report of the High-Level Panel on the Assessment of Key Legislation and the Accel-
eration of Fundamental Change. Chapter 6: Recommendation 6.3 (Pg. 518), Chapter 7: Recommenda- 15. Excerpt from the Report of the High-Level Panel on the Assessment of Key Legislation and the Acceleration
tion 4.2 (Pg. 562) [Cited 2020 January 24]. Available from: of Fundamental Change.Chapter 7: Recommendation 6.8 (Pg. 568) [Cited 2020 January 24].Available from:
https://www.parliament.gov.za/storage/app/media/Pages/2017/october/High_Level_Panel/HLP_Re- https://www.parliament.gov.za/storage/app/media/Pages/2017/october/High_Level_Panel/HLP_Re-
port/HLP_report.pdf port/HLP_report.pdf
8. Parliament of the Republic of South Africa. Interim Report of the Ad Hoc Committee on the SABC board 16. Corruption Watch. Corruption News. How to stop corruption: Five Key Ingredients; 11 April 2016
inquiry into the fitness of the SABC Board; 27 January 2017. Pg. 18 [Cited 2020 January 24]. Available from: [Cited 2020 January 24]. Available from:
https://www.parliament.gov.za/storage/app/media/misc/2017/SABC_Ad_Hoc_Committee_Interim_ https://www.corruptionwatch.org.za/how-to-stop-corruption-5-key-ingredients/
Report_27_Jan_2017_adopted_published.pdf
24 25NOTES
26www.outa.co.za
OUTA office number: 087 170 0639
Facebook: @outasa
Twitter: @OUTASA
Instagram: @officialoutasa
YouTube: OUTASouthAfrica
LinkedIn: OUTA - Organisation
Undoing Tax AbuseYou can also read
